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Montclair Township

Emergency Notification System

Terms of Use Agreement

Effective: November 1, 2011

  1. Acceptance of Agreement

    You agree to the terms and conditions outlined in this Terms of Use Agreement (Agreement) with respect to the Township of Montclair, New Jersey Health Department Emergency Notification System (ENS). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the ENS, the content, or services provided by or listed on the ENS, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the ENS at the following web site URL: http://mets.montclairnjusa.org/Terms-of-Use.aspx, and you agree to review this Agreement, in its entirety, prior to using the ENS.

  2. Copyright

    The content, organization, graphics, design, and other matters related to the ENS are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.

  3. Deleting and Modification

    We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any system functionality, documents, information or other content appearing on the ENS, including this Agreement.

  4. Indemnification

    You agree to indemnify, defend and hold us, our service providers and partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the ENS.

  5. Disclaimer

    THE CONTENT AND SERVICES FROM OR LISTED THROUGH THE ENS, OR THROUGH THIRD-PARTY SERVICES UTILITIZED BY THE ENS INCLUDING FACEBOOK, TWITTER AND GOOGLE MAPS, ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS ENS AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE ENS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE ENS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE FROM THE ENS OR ANY WEB SITE WITH WHICH IT IS LINKED.

  6. Limits

    All responsibility or liability for any damages caused by computer viruses or any other type of malware contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the ENS.

  7. Third-Party Web Site

    All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked web sites will apply to you while on such web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site or service on the ENS does not imply approval or endorsement of the linked web site by us. The ENS and the third-party linked web sites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave the ENS and access these third-party linked web sites, you do so at your own risk.

  8. General

    You agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of the ENS or services obtained by you through such use, shall be litigated in the circuit court of Essex County, New Jersey or the United States District Court of New Jersey. you are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Montclair, New Jersey or the United States District Court of New Jersey is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by the Township of Montclair Health Department in the State of New Jersey, USA. As such, the laws of New Jersey will govern the terms of use contained in this Agreement and elsewhere throughout the ENS, without giving effect to any principles of conflicts of laws.

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